April 8, 2026 – Under Wisconsin law, competent adults have the right to control decisions about their future medical care, including the right to accept or refuse treatment, the right to appoint an advocate to speak for them if they are incapacitated, and the right to be an organ or tissue donor.
Yet, in Wisconsin, the “next of kin” of your choice – which can include spouses, parents, and adult children – have no automatic legal authority to make health care decisions, unless you have a Power of Attorney for Health Care (POAHC).
“Despite new ‘next of kin’ legislation going into effect on June 1st, the authority of anyone other than a health care agent or legal guardian to make health care decisions for an incapacitated person is incredibly limited and legally murky,” said Jessica Liebau of Wessels & Liebau LLC in Mequon and current chair of the State Bar of Wisconsin's Elder Law and Special Needs Section (ELSN) board.
“Creating a health care power of attorney remains the only valid method of selecting a health care decisionmaker of your choosing, who is required to follow your wishes when making health care decisions.”
"The court process can be avoided in most cases if you do advance care planning,” said Ben Adams, retired, of McCarty Law in Appleton, and an advisor to the ELSN.
Planning Guide PDF Available Free April 9-24
Starting April 9 and continuing through April 24, 2026, you can gain access to the free PDF from the State Bar: A Gift to Your Family: Planning Ahead for Future Health Needs, a health care decisions planning guide.
As it does each year, the State Bar offers a PDF of this guide in honor of Gov. Tony Evers Proclamation of Healthcare Decisions Week in Wisconsin, April 12-18, 2026, and National Healthcare Decisions Day (NHDD) on April 16, 2026. This annual initiative serves as a reminder to let your family know your wishes about advance care planning. Use this event to talk to your family and clients about their needs as well.
The guide is available for purchase before and after this time period for $4 for State Bar members and $5 for nonmembers. There are also guides available for residents of Minnesota and Illinois.
How to Order A Gift to Your Family in Print
A Gift to Your Family offers practical insights on a range of issues surrounding health care decisions, such as power of attorney for health care, living wills, and organ and tissue donation. The guide also includes state forms to help people put their wishes in writing.
The 24-page A Gift to Your Family, in its eighth edition, initially was produced in 2000 through a partnership with the Wisconsin Hospital Association, the Wisconsin Medical Society, and Gunderson Lutheran Medical Center.
Your Questions Answered – Live on Wisconsin Public Radio April 14, 2026
Tune in on Tuesday, April 14, 2026, to hear more about advance directives and health care planning when Attorney Sara Micheletti, who practices extensively in elder law and guardianship matters, and Dr. Tim Jessick, DO, a palliative care physician and geriatrician, appear on the Larry Meiller Show on Wisconsin Public Radio’s (WPR) from 11 a.m. to 11:45 p.m.
Join Larry, Sarah, and Tim to hear tips and a discussion – and get answers to your own questions. Listen live on WPR's news and talk stations or on the WPR website.
If you miss the broadcast, you can find it on the WPR search page.
Want additional help? You can find additional resources and local contacts for advanced care planning and advance directives on the Wisconsin Medical Society webpage.
